[Federal Register Volume 61, Number 194 (Friday, October 4, 1996)] [Notices] [Pages 52080-52081] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-25545] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Kansas City International Airport, Kansas City, Missouri; FAA Approval of Noise Compatibility Program AGENCY: Federal Aviation Administration, DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Federal Aviation Administration (FAA) announces its findings on the Noise Compatibility Program submitted by the city of Kansas City under the provisions of Title I of the Aviation Safety and Noise Abatement Act (ASNA) of 1979 (Public Law 96-193) and 14 CFR part 150. These findings are made in recognition of the description of Federal and nonfederal responsibilities in Senate Report No. 96-52 (1980). On February 9, 1996, the FAA determined that the Noise Exposure Maps submitted by the city of Kansas City under part 150 were in compliance with applicable requirements. On August 5, 1996, the Associate Administrator for Airports approved the Kansas City International Airport Noise Compatibility Program. Of the 24 recommended measures, 19 measures were approved, one measure was partially approved, 3 measures were disapproved for part 150 purposes, and one measure was disapproved pending further submittal of information. While three measures were disapproved because they did not meet part 150 criteria, they were zoning measures that the FAA would encourage Kansas City to implement as a local measure outside of the part 150 process. EFFECTIVE DATE: The effective date of the FAA's approval of the Kansas City International Airport Noise Compatibility Program is August 5, 1996. FOR FURTHER INFORMATION CONTACT: Moira D. Keane, ACE-615B, Federal Aviation Administration, Airports Division, 601 E. 12th St., Kansas City, Missouri 64106. Telephone No. (816) 426-4731. Documents reflecting this FAA action may be obtained from the same individual. SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given its overall approval to the Noise Compatibility Program for the Kansas City International Airport, effective August 5, 1996. Under Section 104(a) the Aviation Safety and Noise Abatement Act (ASNA) of 1979, an airport operator who has previously submitted a Noise Exposure Map may submit to the FAA a Noise Compatibility Program which sets forth the measures taken or proposed by the airport operator for the reduction of existing noncompatible land uses and prevention of additional noncompatible land uses within the area covered by the Noise Exposure Maps. The Act requires such programs to be developed in consultation with interested and affected parties including local communities, government [[Page 52081]] agencies, airport users, and FAA personnel. Each airport noise compatibility program developed in accordance with FAR part 150 is a local program, not a Federal program. The FAA does not substitute its judgment for that of the airport proprietor with respect to which measures should be recommended for action. The FAA's approval or disapproval of FAR part 150 program recommendations is measured according to the standards expressed in part 150 and the Aviation Safety and Noise Abatement Act of 1979, and is limited to the following determinations: a. The noise compatibility program was developed in accordance with the provisions and procedures of FAR part 150; b. Program measures are reasonably consistent with achieving the goals of reducing existing noncompatible land uses around the airport and preventing the introduction of additional noncompatible land uses; c. Program measures would not create an undue burden on interstate or foreign commerce, unjustly discriminate against types or classes of aeronautical uses, violate the terms of airport grant agreements, or intrude into areas preempted by the Federal Government; d. Program measures relating to the use of flight procedures can be implemented within the period covered by the program without derogating safety,adversely affecting the efficient use and management of the navigable Airspace and Air Traffic Control Systems, or adversely affecting other powers and responsibilities of the Administrator prescribed by law. Specific limitations with respect to FAA's approval of an airport Noise Compatibility Program are delineated in FAR part 150, Section 150.5. Approval is not a determination concerning the acceptability of land uses under Federal, state, or local law. Approval does not by itself constitute an FAA implementing action. A request for Federal action or approval to implement specific noise compatibility measures may be required, and an FAA decision on the request may require an environmental assessment of the proposed action. Approval does not constitute a commitment by the FAA to financially assist in the implementation of the program nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. Where Federal funding is sought, requests for project grants must be submitted to the FAA Regional Office in Kansas City, Missouri. The city of Kansas City submitted to the FAA on August 14, 1995, the Noise Exposure Maps, descriptions, and other documentation produced during the Noise Compatibility Planning study. The Kansas City International Airport Noise Exposure Maps were determined by FAA to be in compliance with applicable requirements on February 9, 1996. Notice of this determination was published in the Federal REgister on February 26, 1996. The Kansas City International Airport study contains a proposed Noise Compatibility Program comprised of actions designed for phased implementation by airport management and adjacent jurisdictions from the date of study completion to beyond the year 1998. It was requested that the FAA evaluate and approve this material as a noise compatibility program as described in Section 104(b) of the Act. The FAA began its review of the program on February 9, 1996, and was required by a provision in the Act to approve or disapprove the program within 180 days. Failure to approve or disapprove such program within the 180-day period shall be deemed to be an approval of such program. The submitted program contained 24 proposed actions for noise abatement and mitigation on and off the airport. The FAA completed its review and determined that the procedural and substantive requirements of the Act and FAR part 150 have been satisfied. The overall program, therefore, was approved by the Associate Administrator effective August 5, 1996. Outright approval was granted for 19 of the 24 program elements, one measure was partially approved, 3 measures were disapproved for part 150 purposes, and one measure was disapproved pending further submittal of information. Some of the approved noise abatement measures include establishment of informal preferential runway use program to favor north flow, acquisition of ten homes south of the airport within DNL 65 dB based on 1998 Noise Compatibility Plan, acquisition of aviation easements over three residences within DNL 65 dB based on 1998 Noise Compatibility Plan, and implementation or maintenance of numerous zoning measures. These determinations are set forth in detail in a Record of Approval endorsed by the Associate Administrator on August 5, 1996. The Record of Approval, as well as other evaluation materials and the documents comprising the submittal, are available for review at the FAA office listed above and at the administrative offices for the Kansas City International Airport. Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Kansas City, Missouri, on September 24, 1996. George A. Hendon, Manager, Airports Division. [FR Doc. 96-25545 Filed 10-3-96; 8:45 am] BILLING CODE 4910-13-M